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Traditional Knowledge Laws: Thailand

Title Protection and Promotion of Traditional Thai Medecinal Intelligence Act, B.E. 2542 (1999)
Subject Matter Traditional Knowledge
Issue(s) Subject Matter of Protection; Beneficiaries or Rightholders; Scope of Protection; Exceptions and Limitations
Type(s) of Legislation Sui Generis

Subject Matter of Protection

Section 3

"traditional Thai medicine" means the medicinal procedures concerned with examination. diagnosis, therapy, treatment or prevention or promotion and rehabilitation of the health of humans or animals, obstetrics, traditional Thai massage, and also includes the production of Traditional Thai drugs and the invention of medical devices on the basis of knowledge or text that has been passed from generation to generation.

"Texts on traditional Thai medicine" means technical knowledge concerned with traditional Thai medicine which has been written or recorded in Thai books, palm leaf, stone inscription or other materials or that have not been recorded but passed on from generation to generation.

"Thai traditional drugs" means medicines obtained directly from herbs or derived from mixture, blended or transformed herbs, and also includes Thai traditional drugs under laws on drugs.

Section 16

There shall be three types of traditional Thai medicinal intellectual property rights as follows:
(1) the national formula of Traditional Thai drugs or the national text on Traditional Thai Medicine;
(2) general formula of traditional Thai drugs or general traditional Thai medicine document; and
(3) personal formula of traditional Thai drugs or personal text on traditional Thai medicine.

Beneficiaries or Rightholders

Section 3

"right holder" means those who have registered their intellectual property rights on traditional Thai medical intelligence under this Act;

Section 21

The persons who have the right to register for protection of intellectual property rights according to section 20 must be of Thai nationality and shall have the following qualifications:
(1) being an inventor of the formula on traditional Thai drugs or text on traditional Thai medicine;
(2) being an improver or developer of formula on traditional Thai drugs or text on traditional Thai medicine; or
(3) being an inheritor of the formula on traditional Thai drugs or text on traditional Thai medicine. 

Scope of Protectioin

Section 14

The intellectual property rights on traditional Thai medicine to be protected under this Act shall be the right to intellectual property over the formula of traditional Thai drugs and text on traditional Thai medicine.

Section 20

Personal formula of  traditional Thai drugs or personal text on traditional Thai medicine under section 16(3) may be registered for protection of intellectual property rights and may be promoted according to the provisions of this Act by applying for registration to the registrar. The application for registration of intellectual property rights on traditional Thai medicine under paragraph one shall be in accordance with the rules, procedure and conditions prescribed in Ministerial Regulation.

Section 34

The rightholder would have the sole ownership on the production of the drug and have the sole right over the research, distribution, improvement or development of formulas on Traditional Thai drugs or intellectual property rights of traditional Thai medicine under under the registered text on traditional Thai medicine.

Exceptions and Limitations

Section 34

The rightholder would have the sole ownership on the production of the drug and have the sole right over the research, distribution, improvement or development of formulas on Traditional Thai drugs or intellectual property rights of traditional Thai medicine under under the registered text on traditional Thai medicine.

The provisions of paragraph one shall not apply to:
(1) any act that is of benefit for studies, findings, tests or research according to the regulation specified by the Minister; or
(2) preparation of specific drugs according to the prescription of holders of registration certificate on traditional Thai medicine, or
(3) production of drugs for household use or production of drugs by state hospitals or government or state agencies, for use in state hospitals, or the use of text on traditional Thai medicine for benefits in treatment of patiens in state hospitals, provided that it shall be in accordance with the Rules issued by the Minister.

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